Thissa Mudiansela Medagedara Heen Manike vs Ridiammana Gedara Dayawathie – CA NO. 1220/96F-2011

The case between Thissa Mudiansela Medagedara Heen Manike (Plaintiff-Appellant) and Ridiammana Gedara Dayawathie (Defendant-Respondent) addressed the issue of whether a right of footpath (servitude) had been acquired by the plaintiff over the defendant’s land through more than ten years of continuous use. It was held that the plaintiff failed to establish by sufficient evidence the claimed right of servitude within the relevant period. The principle reaffirmed was that clear and convincing evidence is required to establish servitude by prescription, consistent with established legal standards. The court emphasized the necessity of adequate proof for such claims and upheld the findings of the lower court, with the appeal being dismissed accordingly.

A.W.A Salam J. — The appeal concerned t